Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit dismissed U.O.9.R.8 CPC - Neither party appeared - Case fixed for evidence/cross-examination of PW1 - Both parties were absent on date so fixed after giving last opportunity - In such situation, Court has no option but to proceed as per O.17.R.2 CPC for dismissal of suit -..........
Criminal trial -- Admissibility of documents - Objection - Objections regarding admissibility of documents which are per se inadmissible can be raised even at appellate stage - However, objection as to mode or method of proof has to be raised at the time of marking of document as exhibit and not later - Objections, if not raised at the trial, cannot be permitted at..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 364A, 302 -- Electronic record - Marking without there being a certificate u/s 65-B of the Act - Objection relates to the mode or method of proof - Objection as to the mode or method of proof is procedural - Objection if not taken at the trial, cannot be permitted to be taken at appellate stage...........
Criminal trial -- Admissibility of document - Objection of mode or method of proof - Can be waived by accused in a criminal case...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 17 days in lodging FIR - Parents of victim unaware of mode of accessing to criminal justice system as they want from one person to other to seek advise on how to take steps - Delay sufficiently explained...........
Specific Relief Act, 1963, Section 41(h) -- Suit for injunction - Maintainability - No injunction can be granted if equally efficacious remedy is available by any other usual mode of proceeding...........
Will -- Once a heir becomes absolute owner of property by virtue of a Will, then as a necessary consequence, he/she is entitled to alienate such property by any mode permissible in law to anyone...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance to wife - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband - Striking off contentions of husband is neither a mode of enforcement nor a substitute for recovery - Impugned order of striking off..........
